Posts: reasonable grounds

Section 114 of the Fair Work Act 2009 (Cth) provides an entitlement for an employee to be absent from their employment on a public holiday. This section also provides that an employer may ask an employee to work on a public holiday, but that the employee may refuse the request under certain circumstances.

An employer may only refuse an employee’s request for a flexible working arrangement if it has “reasonable business grounds” to do so. The test for what constitutes reasonable business grounds is objective and will depend on the individual circumstances.

One of the effects of the amendments to the Fair Work Act 2009 (Cth) (FW Act) which came into effect on 6 June 2023 is that employers now have greater obligations when responding to requests for flexible working arrangements made under s 65 of the FW Act.

Employers may only refuse an employee’s request for flexible work arrangements if they have “reasonable business grounds” to do so.

Division 4A of Part 2-2 of the Fair Work Act 2009 (Cth), which came into operation on 27 March 2021, imposes an obligation on employers of casual employees to make offers of conversion to permanent employment in certain circumstances.